ISIDRO PABLITO M.

PALANA vs PEOPLE OF THE PHILIPPINES

G.R. No. 149995, September 28, 2007
YNARES-SANTIAGO, J.:

FACTS:

Complainant Alex B. Carlos claimed that sometime in September 1987, petitioner and his
wife borrowed money from him in the amount of P590,000.00. To secure the payment of the
loan, petitioner issued a postdated check for the same amount in favor of the
complainant. However, when the check was presented for payment, it was dishonored by the
bank for insufficiency of funds. Subsequent demand notwithstanding, petitioner failed to make
good the said dishonored check. Petitioner alleged that the amounts given to him by private
complainant was an investment by the latter who was his business partner. Petitioner alleged that
when the check was issued sometime in February 1988, complainant knew that the same was not
funded.

ISSUE: Whether or not the Regional Trial Court has jurisdiction over the case. 

HELD:

The subsequent amendment of B.P. 129 by R.A. No. 7691 on June 15, 1994 cannot divest
the Regional Trial Court of jurisdiction over petitioners case.  R.A. No. 7691 contains retroactive
provisions. However, these only apply to civil cases that have not yet reached the pre-trial stage. 
Neither from an express proviso nor by implication can it be construed that R.A. No. 7691 has
retroactive application to criminal cases pending or decided by the Regional Trial Courts prior to
its effectivity. The jurisdiction of the RTC over the case attached upon the commencement of the
action by the filing of the Information and could not be ousted by the passage of R.A. No. 7691
reapportioning the jurisdiction of inferior courts, the application of which to criminal cases is
prospective in nature.